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ResourcesCorporate and Tax AdvisoryThailand Corporate LawWhy Can Americans Own Thai Companies 100%?

Why Can Americans Own Thai Companies 100%?

Transcript of the above video:

As the title of this video suggests, we are posing the question: "Why can Americans own Thai Companies 100%?" For those who are unaware, the Foreign Business Act of Thailand requires that most foreign nationals in Thailand who wish to do business in Thailand using a Limited Company or some sort of corporate structure similar thereto, that the corporate structure either there be certain specific kinds of special accreditation like a Foreign Business License or the Company must be 51% Thai owned and 49% in this case foreign owned.  

I was actually, over the Songkran break I was talking to an American friend of mine, we were sitting around having a beer and there was a I think it was a Danish gentleman was talking to us and he asked, he said: "It is my understanding that Americans can own their Companies 100%. How are you able to do that?" The reason for that is what is called US-Thai Treaty of Amity. Pursuant to the provisions of the US Thai Treaty of amity, Americans are granted what is called national treatment in order to do business in Thailand including through a limited company structure and as a result of this, they can sort of supersede the Foreign Business Act. So American Companies that are certified under the Treaty receive an Amity Treaty Certificate and that allows them to operate in Thailand notwithstanding the restrictions to most foreign nationals with respect to doing business herein. 

That being said, there are kind of a lot of nuances associated with Amity Treaty Certification. Not every type of business can be undertaken in Thailand under the Treaty but it is a pretty substantial benefit for many Americans looking to do business here in the Kingdom of Thailand.